- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Funerals are often referred to as a celebration of life. A time to acknowledge and give thanks for their presence in your life. Funerals can also be a financial burden to those responsible for paying for and arranging them.
Be A Smart Consumer When Purchasing Funeral Products And Services
One way to protect your family from financial burdens after one’s death is to have a comprehensive plan in place before you die. Here are some important and cost-effective strategies for preplanning a funeral.
Federal Law Protects Consumers From Funeral Home Overpricing
Don’t overpay for embalming
Many funeral homes require embalming if you’re planning a viewing or visitation. However, embalming generally is not necessary or legally required if the body is buried or cremated shortly after death. Eliminating this service can save you hundreds of dollars.
Under Federal Law A Funeral Provider:
- May not provide embalming services without permission.
- May not falsely state that embalming is required by law.
- Must disclose in writing that embalming is not required by law, except in certain exceptional cases.
- May not charge a fee for unauthorized embalming unless embalming is required by state law.
- Must disclose in writing that you usually have the right to choose a disposition, such as direct cremation or immediate burial, that does not require embalming if you do not want this service.
- Must disclose in writing that some funeral arrangements, such as a funeral with viewing, may make embalming a practical necessity and, if so, a required purchase.
Prices differ widely for caskets
A casket is often the most expensive item you’ll buy if you plan a “traditional,” full-service funeral. Caskets vary widely in style and price and are sold primarily for visual appeal. Typically, they’re constructed of metal, wood, fiberboard, fiberglass, or plastic. Although an average casket costs slightly more than $2,000, some mahogany, bronze, or copper caskets sell for as much as $10,000.
Funeral Homes Must Disclose Their Prices
When you visit a funeral home or showroom to shop for a casket, the Funeral Rule requires the funeral director to show you a list of caskets the company sells, with descriptions and prices, before showing you the caskets.
Industry studies show that the average casket shopper buys one of the first three models shown, generally the middle-priced of the three.
So it’s in the seller’s best interest to show you higher-end models. If you haven’t seen some of the lower-priced models on the price list, ask to see them – but don’t be surprised if they’re not prominently displayed or not on display at all.
Traditionally, caskets have been sold only by funeral homes. But with increasing frequency, showrooms and websites operated by “third-party” dealers sell caskets.
You can buy a casket from one of these dealers and have it shipped directly to the funeral home. The Funeral Rule requires funeral homes to agree to use a casket you bought elsewhere and doesn’t allow them to charge you a fee for using it.
Caskets do not preserve the body indefinitely
No matter where or when you’re buying a casket, it’s important to remember that its purpose is to provide a dignified way to move the body before burial or cremation. No casket will preserve a body forever, regardless of its qualities or cost.
Metal caskets frequently are described as “casketed,” “protective,” or “sealer” caskets. These terms mean that the casket has a rubber gasket or some other feature designed to delay water penetration into the casket and prevent rust.
The Federal Funeral Rule forbids claims that these features help preserve the remains indefinitely. This is not true. They add it to the cost of the casket.
Most metal caskets are made from rolled steel of varying gauges – the lower the gauge, the thicker the steel. Some metal caskets come with a warranty for longevity.
Wooden caskets generally are not casketed and have no longevity warranty
They can be a hardwood like mahogany, walnut, cherry, or oak or softwood like pine. Pine caskets are less expensive, but funeral homes rarely display them.
Manufacturers of both wooden and metal caskets usually warrant workmanship and materials.
Cremations
Many families that opt to have their loved ones cremated rent a casket from the funeral home for the visitation and funeral, eliminating the cost of buying a casket.
For those who choose a direct cremation without a viewing or other ceremony where the body is present, the funeral provider must offer an inexpensive unfinished wood box or alternative container, a non-metal enclosure – pressboard, cardboard, or canvas – that is cremated with the body.
Under Federal Law Funeral Directors Who Offer Direct Cremations:
- May not tell you that state or local law requires a casket for direct cremations because none do
- Must disclose in writing your right to buy an unfinished wood box or an alternative container for a direct cremation.
- Must make an unfinished wood box or other alternative containers available for direct cremations.
Burial vaults or grave liners
Burial vaults, grave liners, or burial containers are commonly used in “traditional” full-service funerals. The vault or liner is placed in the ground before burial. The casket is lowered into it at the burial. The purpose is to prevent the ground from caving as the casket deteriorates.
A grave liner is made of reinforced concrete and will satisfy any cemetery requirement. Grave liners cover only the top and sides of the casket.
A burial vault is more substantial and expensive than a grave liner. It surrounds the casket in concrete or another material and may be sold with a warranty of protective strength.
State laws do not require a vault or liner, and funeral providers may not tell you otherwise. However, remember that many cemeteries require some outer burial container to prevent the grave from sinking in the future. Neither grave liners nor burial vaults are designed to prevent the eventual decomposition of human remains.
It is illegal for funeral providers to claim that a vault will keep water, dirt, or other debris from penetrating the casket if that’s not true.
Do Your Own Comparative Shopping
Before showing you any outer burial containers, a funeral provider must give you a list of prices and descriptions. It may be less expensive to buy an outer burial container from a third-party dealer than from a funeral home or cemetery. Compare prices from several sources before you select a model.
Preservatives and Products
As far back as the ancient Egyptians, people have used oils, herbs, and special body preparations to help preserve the bodies of their dead. Yet, no process or products have been devised to preserve a body in the grave indefinitely.
The Federal rules prohibit funeral providers from claiming that embalming or a particular preservative process or casket will indefinitely preserve the body.
Consumer Lawyers
If you have additional questions or believe you are being treated unfairly by a funeral provider, consider consulting with an online Consumer Lawyer for answers.
